The estimated cost of an investigation into alleged misdeeds by Rio Rico Fire Chief Mike Foster and his wife Lucia Foster is now $33,000, and a report on the query is pegged at more than 2,000 pages.

Rio Rico Fire Chief Mike Foster, left, and Secretary/Treasurer Jose Munoz listen to residents and firefighters during the RRFD public meeting Wednesday. Photo / Roger Conroy

In another development, Lucia Foster resigned on Friday from her position as district bookkeeper. While earning $793 per week, (about $41,246 per year) she was placed on paid administrative leave since the investigation was launched in December.

Sitting at opposite sides of an eight-foot table facing area residents on Wednesday, Nov. 4, Foster and Secretary-Treasurer Jose Munoz found themselves at times at opposite sides of discussions during a regular meeting. Former Fire Chief Lester Badnew asked for an accounting of the inquiry and for release of the report during the call-to-the-public portion of the meeting.

The 10-month investigation by the Scottsdale law firm of Green and Baker was concluded in September and discussed during a public meeting Sept. 17. At that time, Foster said the report was 512 pages and had cost $27,000.

At Wednesday’s meeting, however, Foster said that the report was more than 2,000 pages, including “copies of testimony and evidence.” Foster also stated that the cost of the investigation is now at $33,000, including “additional billings by the attorneys.”

In answer to Badnew’s question if the report had been read and digested, Foster stated that it was “in the process,” and cited the length of the report. “We’re working through it with legal counsel. That’s all I can say.”

Foster told Badnew, “When it’s redacted and we can release it, you’ll be the first to be notified. It’s a process. We’re going through the process.” Foster would not commit to a date. “There’s not a holdup. It’s still an investigation �“ attorney/client privileged �“ and until it’s not that, we can’t really release anything.”

Allegations are centered on 11 payroll checks and a $300 withdrawal by Lucy Foster. Chief Foster confirmed that the checks were made out to him. “They said, ‘explain this.’ I said, ‘I don’t know what you mean by explain this. I’d have to go back at my timesheets, my calendar. I can’t explain this right now.’”

Deputy Chief Larry Nielsen was placed in charge of disciplinary action against Lucy Foster after Mike Foster recused himself in the Sept. 17 meeting.

Nielsen said, “On my end, with Lucy, I’m carrying forward. I imagine it will be concluded in the next couple of weeks. Unless they carry on with it, I have to do my part. My part is only the discipline of Lucy Foster because she is the chief’s wife, so he cannot do disciplinary action on a spouse.”

In other action, a proposed program to provide van transportation to the handicapped and senior citizens that has been brought up at several meetings was once again left unresolved.

Munoz refused to go forward on the issue, stating he was waiting for a legal opinion on a contract proposal. “I don’t see it as something the district should be financing,” Munoz said.

With that conflict also unresolved, Foster and Munoz moved on to disagree over the agenda item on “Termination of Professional Services from District Attorney Donna Aversa,” which included consultation on the investigation and report into the alleged misconduct of Lucy Foster. Munoz refused to second a motion by Foster, the item was tabled and the meeting adjourned.

Regarding the investigation, Munoz stated he had read the 2,000-page report in its entirety and they were waiting for Foster to finish reading it and respond. The report would be available as soon as Foster finished, Munoz said. “He’s the one who’s taking his time on it.”

Foster has also read the entire report, he said. “It’s my time to refute things. It’s my time to take a look at what they’ve said and say ‘You know what? That’s full of malarkey, or not.’”

Meanwhile, the district is still paying Lucy Foster, who was placed on administrative leave during the period of the investigation.

The schism in the Rio Rico Fire District results because it is run by two elected officials. When they don’t agree, there’s a stalemate. As such, some have proposed a three- or five-person board, which can only happen if the district population reaches 25,000 residents or by petition, according to Foster.

“I would love to go to a five-person board,” Munoz said. “I don’t know the legalities, but you would have to have a person elected. I would like to see the elected chief and secretary-treasurer continue �- and go to a third person (from) the community.”

The salary for the chief is $84,240 or $1,620 per week, while the district pays the secretary-treasurer $63,460, or $1,220 weekly.